Search for: "Habeas Corpus Cases"
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2 Sep 2022, 6:38 pm
Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. [read post]
25 Aug 2022, 6:04 am
Here we have a habeas corpus case, in which a man convicted of rape claims he was denied a fair trial in his state court criminal case because the trial judge did not allow him to review all of the victim's mental health records. [read post]
14 Aug 2022, 6:19 pm
A Writ of Habeas Corpus, usually called an “attorney writ bond” or “writ bond” for short, is a special type of bond that allows an arrested person to get out of police custody or jail almost immediately. [read post]
5 Aug 2022, 12:10 pm
In Thuraissigiam, the Court upheld Congress’s elimination of habeas corpus review over a challenge by an asylum seeker from Sri Lanka, who was seized by federal agents just inside the U.S. [read post]
5 Aug 2022, 12:04 pm
Native tribes generally lack jurisdiction to hear cases involving nonmembers. [read post]
30 Jul 2022, 2:05 pm
The defendant, through an attorney, immediately filed a petition for a writ of habeas corpus, asking that the attempted forgery conviction be set aside. [read post]
25 Jul 2022, 10:10 am
Criminal had a 20% grant rate (21% in criminal appeals, 8% for criminal writs, 15% for habeas corpus). [read post]
13 Jul 2022, 4:09 pm
If only that were the case …. [read post]
13 Jul 2022, 7:43 am
The federal government possesses the responsibility to “protect each [state] against Invasion”; the authority to suspend habeas corpus “when in Cases of . . . [read post]
11 Jul 2022, 5:01 am
” The Court has barred states from retrieving a deserted soldier through state habeas corpus and approved federal statutes tolling state court statutes of limitations in state courts for suits against soldiers, prevented states from interfering with the draft, overridden state estate law for dead veterans, and eliminated the need for governors’ consent to send that state’s National Guard troops to active military service even in peacetime. [read post]
3 Jul 2022, 3:06 pm
" Alito argues that such large-scale use of the parole power cannot really be "case by case. [read post]
3 Jul 2022, 5:30 am
” Some civil liberties are also protected in the body of the Constitution itself, such as the privilege of habeas corpus and prohibitions against bills of attainder, ex post facto laws, and the impairment of contracts. [read post]
1 Jul 2022, 6:06 am
District Court of D.C. for a writ of habeas corpus, maintaining that his continued detention violates U.S. and international law. [read post]
30 Jun 2022, 11:00 pm
Recently, the Nonhuman Rights Project argued for Happy’s release and person-hood under the law, however, the New York State Court of Appeals decided that a pachyderm cannot be considered a person, notwithstanding the fact that she is an intelligent creature, deserving of compassion.In a 5-2 decision, the Court of Appeals affirmed a lower court decision which provided that the animal could not be released via a writ of habeas corpus; a process intended to safeguard the liberty… [read post]
30 Jun 2022, 6:05 am
Because § 1983’s authorization for suit for the deprivation of any constitutional rights would, if read literally, include claims that a prisoner was unconstitutionally confined, the Supreme Court has read § 1983 as containing an explicit exception for actions that lie within the core of habeas corpus. [read post]
28 Jun 2022, 7:48 am
” Either way, these efforts are distinguished from appeal efforts directed to a Court of Appeals and from appeal efforts made through use of legal mechanisms like a habeas corpus petition. [read post]
27 Jun 2022, 9:00 pm
His books include Making Habeas Work: A Legal History (NYU Press 2018). [read post]
26 Jun 2022, 12:38 am
Gul was the first such detainee to win a habeas case in 10 years. [read post]
25 Jun 2022, 3:23 am
The opinion states, “When a prisoner seeks relief that would ‘necessarily imply the invalidity of his conviction or sentence,’ he comes within the core [of habeas corpus]. [read post]
24 Jun 2022, 6:20 am
The Supreme Court took the case to consider whether and when federal courts may employ the All Writs Act in habeas corpus proceedings. [read post]
